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(영문) 대전지방법원 2015.10.29 2015고단2983
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 16, 2015, the Defendant and D, together with C and D, reported to the network by the Defendant and D at the 205 bicycle storage zone of the Yongsan-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, 138, and C, using a cutting machine prepared at home, destroyed the correction device of 1,00,000 won of the victim E, which is the victim E in the place, and led the said bicycle.

Accordingly, the defendant stolen the victim's property together with C and D.

2. On July 16, 2015, the Defendant and D, together with C and D, reported the network of the Defendant and D at the bicycle storage room in front of 104,00 m3, a pentato apartment apartment 104,00 m3, Dong-gu, Daejeon, Daejeon, and C damaged the correction device of one bicycle ton of 250,000 won at the victim F, in the same manner as the above paragraph 1, and led the said bicycle.

Accordingly, the defendant stolen the victim's property together with C and D.

3. On July 16, 2015, the Defendant, along with C and D, destroyed a bicycle correction device with which the victim’s name and the market price cannot be known in the same manner as that of the above paragraph (1) at the Chungcheongnam-gu, Daejeon-gu, Daejeon-gu bicycle storage room, the Defendant and D reported the network, and C destroyed a bicycle correction device with the victim’s name and the victim’s name and the market price in the same manner as that of the above paragraph.

Accordingly, the defendant stolen the victim's property together with C and D.

Summary of Evidence

1. Defendant's legal statement;

1. Written self-sufficiency in C and D;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes concerning police seizure records and seizure lists;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1) of the Criminal Act for confiscation [the scope of recommending punishment] : theft crime group; theft (type 2) against general property; basic area; imprisonment from 6 months to 1 year and 6 months (decision of sentence] of the same juvenile protective disposition.

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